DETAILED ACTION
The claims 1-20 are pending and presented for the examination.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/14/2023 and 01/04/2024 are being considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ikeda et al (GB 2034300 A).
Regarding claim 1, Ikeda et al teaches a glass composition comprising, when converted to molar percentage, 53.6 mol% SiO2, 14.3 mol% B2O3, 11.3 mol% Al2O3, 12.4 mol% Na2O, 2.5 mol% BaO, 2.8 mol% ZnO, and 3.1 mol% ZrO2 (see Table 3, example 42). Each range limitation of the instant claim 1 is thus met by the exemplary glass composition taught by Ikeda et al. The R2O content of the glass is 12.4 mol%, the (R2O-Al2O3)/B2O3 value is 0.08, and the R2O/Al2O3 value is 1.1. Each limitation of claim 1 is therefore met by the teachings of the prior art of record, and the claim is rejected as anticipated under USC 102(a)(1).
Regarding claim 2, the aforementioned Ikeda et al example 42 glass contains 14.3 mol% B2O3.
Regarding claim 3, the aforementioned Ikeda et al example 42 glass contains 12.4 mol% Na2O.
Regarding claim 4, the aforementioned Ikeda et al example 42 glass contains 11.3 mol% Al2O3.
Regarding claim 5, the aforementioned Ikeda et al example 42 glass has a (R2O-Al2O3)/B2O3 value of 0.08.
Regarding claim 6, the aforementioned Ikeda et al example 42 glass has a R2O/Al2O3 value of 1.1.
Regarding claim 7, the R2O content of the aforementioned Ikeda et al example 42 glass is 12.4 mol%.
Regarding claim 8, the aforementioned Ikeda et al example 42 glass contains 0 mol% P2O5.
Regarding claim 9, the aforementioned Ikeda et al example 42 glass is free of Li2O, MgO, and CaO.
Regarding claim 10, the aforementioned Ikeda et al example 42 glass contains 0 mol% SnO2.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ryota et al (WO 2020/021933 A1).
Regarding claim 11, Ryoto et al teaches a strengthened glass composition comprising 40-60 wt% SiO2, 15-25 wt% Al2O3, 0-13.5 wt% B-2O3, 12-24 wt% Na2O, and 0-3 wt% MgO (see Abstract). As can be seen, the ranges each overlap the corresponding range of the instant claim. Ryoto et al teaches an embodiment wherein the glass comprises, when converted to molar percentage, 53.6 mol% SiO2, 12.0 mol% B2O3, 12.0 mol% Al2O3, 19.2 mol% Na2O, 2.5 mol% BaO, 2.8 mol% Zno, and 3.1 mol% ZrO2, with trace amounts of CaO, ZrO2, and SnO2 (see Table at paragraph 0089, example no. 5). Thus, the Ryoto et al glass contains components falling within the corresponding ranges of the instant claim apart from the higher Na2O content. As discussed above, Ryoto et al teaches a range for Na2O of 12-24 wt%, and thus teaches that glasses can be produced having sodium oxide in amounts less than the 17.97 wt% of the aforementioned example no. 5 embodiment. For instance, Ryoto et al example nos. 7-10 each contain Na2O in amounts that would fall within the range of the instant claim. Because of these factors, one of ordinary skill in the art would have been able to arrive at a glass meeting each compositional limitation of the instant claim through routine optimization and experimentation with the overlapping ranges taught by Ryoto et al. Per MPEP 2144.05, overlapping ranges have been held to establish prima facie obviousness.
Similarly, Ryoto et al does not teach an embodiment wherein the (R2O-Al2O3)/B2O3 and R2O/Al2O3 values fall within the ranges of the instant claim 11, but the closely overlapping ranges for each component of the instant claims would allow one to produce glasses wherein these relative content limitations are also met.
Ryoto et al teaches that the inventive glass is used to form an ion-exchanged glass article, and teaches that the Young’s modulus of the glass can be 70 MPa. Each limitation of the instant claim 11 is therefore met by the teachings of the prior art of record, and the claim is obvious and not patentably distinct.
Regarding claim 13, Ryoto et al teaches that the inventive glasses have liquidus viscosities of at least 104.3 dPa, and teaches embodiments wherein the liquidus viscosity is 105.0 dPa. This converts to 100 kP and thus meets the further limitations of instant claim 13.
Regarding claim 14, Ryoto et al teaches a compressive stress value of 500 MPa or greater (see claim 6). This range overlaps and thus renders obvious the compressive stress range of the instant claim. Regarding claim 15, Ryoto et al teaches a glass thickness of 0.200 mm (200 µm) or greater. The thickness ranges overlaps and thus renders obvious the range of the instant claim. Per MPEP 2144.05, overlapping ranges have been held to establish prima facie obviousness. The compressive stress depth of the glass article is 15 µm or greater. This range also overlaps and renders obvious the corresponding range of claim 15, and the instant claim is therefore obvious and not patentably distinct over the prior art of record.
Regarding claim 16, the article thickness of compressive stress layer depth ranges taught by Ryoto et al are such that the depth of compression as a percentage of article depth can fall within the range of 5-20%. For instance, the recited minimums, discussed above, would lead to a compressive layer depth of 7.5% of the article thickness. One of ordinary skill in the art would have arrived at an article having a relative depth of stress layer falling within the instantly claimed range through routine optimization and experimentation with the overlapping Ryoto et al ranges.
Regarding claim 17, Ryoto et la teaches that the central tensile stress in the inventive glass article can be 200 MPa.
Regarding claim 18, as discussed above, Ryoto et al teaches a glass article that is compositionally equivalent to that of the instant claims through routine optimization and experimentation, has equivalent liquidus viscosity values, and has equivalent compressive layer depth and central tensile stress values. This equivalent glass would therefore necessarily also be equivalent in terms of the resultant peak central tension when bent to the platen spacing of the instant claim, and the value for this bent tension would be 340 MPa or greater. It is well settled that when a claimed composition appears to be substantially the same as a composition disclosed in the prior art, the burden is properly upon the applicant to prove by way of tangible evidence that the prior art composition does not necessarily possess characteristics attributed to the CLAIMED composition. In re Spada, 911 F.2d 705, 15 USPQ2d 1655 (Fed. Circ. 1990); In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980); In re Swinehart, 439 F.2d 2109, 169 USPQ 226 (CCPA 1971).
Regarding claim 19, Ryoto et al teaches that the inventive glass is used as a cover glass in mobile phones or mobile PCs. A mobile phone or PC is a consumer electronic device that necessarily comprises a housing with front, back, and side surfaces; electrical components including a controller, memory, and a display within said housing; and wherein the display is necessarily on a front surface of the housing. The Ryoto et al teaching that the glass is used as a cover glass indicates that it is disposed over the display. As such, Ryoto et al teaches a device meeting each further structural and component limitation of instant claim 19, and the claim is obvious and not patentably distinct over the prior art of record.
Regarding claim 20, as discussed above, Ryoto et al teaches a glass article meeting each compositional limitation of the instant claim, which are also the same compositional limitations as recited in claim 11. Ryoto et al teaches that the glass article is strengthened by a process of ion exchange wherein the glass is immersed in an ion-exchange solution for 4 hours at 430 °C. The resultant compressive stress layer extends from the surface to a depth of compression, and Ryoto et al teaches that the compressive stress value is 500 MPa or greater (see claim 6). This range overlaps and thus renders obvious the compressive stress range of the instant claim. Each limitation of the process claim 20 is therefore met by the teachings of the prior art of record, and the claim is obvious and not patentably distinct.
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art, either alone or in combination, fails to teach or suggest a glass article meeting each limitation of instant claim 11, and wherein the Young’s modulus of the article is 45-68 GPa.
Conclusion
11. Claims 1-11 and 13-20 are rejected. Claim 12 is objected to.
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH S WIESE whose telephone number is (571)270-3596. The examiner can normally be reached on Monday-Friday, 7:30am-4:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAH S WIESE/Primary Examiner, Art Unit 1731
NSW5 March 2026